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(영문) 춘천지방법원 원주지원 2015.11.25 2015재고단14
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 15:40 on June 16, 2015, the Defendant: (a) stated that the victim B (the 43-year old) who was the beginning in front of the Defendant’s dwelling place in the original city, was taking in the Defendant’s dwelling place; (b) stated, the Defendant took a bath to the Defendant, “I am dead, knife, knife, knife, knife, knife, knife, knife, and knife knife, which is a deadly weapon in the house, and knife knife knife knife knife knife knife kn

Accordingly, the defendant threatened the victim with a deadly weapon.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning B;

1. Photographs related to the case;

1. Application of Acts and subordinate statutes to report the occurrence of cases;

1. Relevant Article of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act concerning the choice of punishment;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and lecture attendance order;

1. The scope of punishment by law: Imprisonment for not more than seven years;

2. Application of the sentencing criteria;

(a) Determination of types: Violence crimes, intimidation crimes, and Types IV (Special Intimidation);

(b) A special breeder: No person;

(c) Scope of recommendations: Basic area, six months to one year and six months;

(d) Determination of sentence: Six months of imprisonment and two years of stay of execution (in consideration of the fact that no agreement has been made with the victim and that there has been no previous violence);

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